Fresh articles from More Free Information Article Directoryhttp://www.morefreeinformation.com/Fri, 10 Sep 2010 15:19:57 CDTMorefreeinformation.com http://www.morefreeinformation.com/Art/2268/79/Becoming-an-Independent-Contractor.html
It's a rewarding career, but what should you look out for?

Working as an independent contractor or consultant can be a very rewarding, lucrative and satisfying career Beyond knowing the dynamics of your field, however, you also have to understand how to keep the business operating smoothly and how to protect yourself and your assets What does being an independent contractor entail and what should you be cognizant of along the way?

First, an independent contractor is an individual who is self-employed and utilizes a contract agreement to provide service to a client in exchange for an agreed upon fee

Below are some frequently asked questions and guidelines to help you better understand what consulting and independent contractor work involves

Q1 Who do independent contractors and consultants typically work for?

A This is dependent on the industry that the independent contractor focuses on It might include information technology, web development, consumer products, and manufacturing, to name a few Businesses both large and small will often utilize the services of an independent contractor for a variety of jobs

Q3 How do independent contractors receive payment?

A Typically, any credentialed organization will disclose payment terms and conditions in a written agreement It is essential you have a signed agreement in place prior to starting any work The agreement should specify whether the contractor is paid on an hourly or time and materials basis, or is paid a project fee based on deliverables It will also outline how and when payment will be made Terms relating to pay structure should be clearly defined and everything should be put in writing then agreed to by all parties before work commences If the organization you are working with does not supply the contract or agreement, you should have one ready to go Contract templates for consultants are readily available through businesses that specialize in draft agreements, and can save you time and ensure all of the necessary elements are included

Q5 What, if any, risks and responsibilities are involved with working as an independent contractor?

A Like anything, there are some risks and responsibilities associated with self-employment These might include becoming responsible for tax obligations and personal benefits; managing billing and collections; and maintaining current and necessary licensing and insurance You also have to consider legal responsibilities and the exposure associated with job performance

Q6 Are independent contractors protected by any employment laws?

A While this varies by state, independent contractors and self-employed consultants typically are not protected by employment laws, making written agreements even more vital Laws, such as workers' compensation, which pertain to safe working environments, would not necessarily apply to independent contractors The same is true of laws that address discrimination or harassment

Q8 If a client is unsatisfied with the quality of my performance, product or service, what are the ramifications?

A As the contractor or consultant, you are usually responsible for satisfying specific performance expectations, which should be set in your agreement The agreement should outline in as much detail as possible how dissatisfaction or a problem will be rectified For instance, if it's a product, will you allow returns for a refund, or for a service-related job, will you redo it until it is correct?

Q9 What if a client asks me to sign an agreement immediately?

A Any reputable organization should give you time to consider the agreement before asking you to sign it If they don't allow you adequate time to think it over or consult with others, that may be a red flag Before signing a contract, a good rule of thumb is to give yourself at least 24 hours to review the opportunity and determine if it's inline with your career goals, as well as discuss it with a trusted professional

Contractual Agreements: A Necessary Part of Business

Contractual agreements are essential to maintaining mutually beneficial business relationships, especially for independent contractors and consultants In today's business climate, they are not only useful tools, but can also protect you, your business and your intellectual property

If you aren't familiar with agreements and what they should contain, there are businesses that offer contract template software and contract drafting software to help you get started These software packages help you develop a contract specific to your needs, and will often include very specific guides such as contract templates for consultants

There are several types of contracts to be aware of, many of which are bundled together within contract template software packages Some include:

* Consulting Services Agreements: These specify the work to be performed and define the terms of the working agreements It also determines the parameters of your responsibilities; the price and payment terms; protect intellectual property rights; establishes confidentiality agreements; and limits losses and liabilities
* Employment Contracts: When hiring new employees, these will protect intellectual property rights and confidential information It also establishes non-compete and non-hire provisions, which prevent employees from taking clients or workers from the company
* Network Installation and Maintenance Agreements: These safeguard against financial and material loss when providing network services It also sets price and payment terms as well as performance delivery obligations These agreements will also apply a disclaimer that stability, safety and security of the network is not guaranteed, and will not hold you liable for loss of profit, revenue or data
* Staffing and Placement Agreements: These set the parameters for the relationship of your personnel with the client as independent contractors It prevents the client from soliciting or hiring away your employees, and sets a specific timeline in which a client can seek remedies for alleged deficiencies or discrepancies in the work or cost of that liability These agreements will also determine specific locations in which the services are to be performed and names the client representatives for whom your personnel will perform the work for
* Subcontractor / Independent Contractor Agreements: These detail the performance expectations of a subcontractor and set the scope of services, price and payment terms, and solutions should you become dissatisfied with the services provided It will also protect intellectual property rights and confidential information, and give you authority to terminate the agreement

Well-written, concise agreements will spare you from problems in the future and will help you build a strong, reputable company To ensure you include all of the vital information, utilize contract drafting software and also seek advice from a professional if you still have questions

About the Author:
James Cochran, is the founder of Contract Edge, a provider of contract template software for independent contractors. James is an expert when it comes to the ins and outs of independent contractor agreements, employment contracts for small businesses and all other types of IT consulting agreements. ]]> http://www.morefreeinformation.com/Art/2268/79/Becoming-an-Independent-Contractor.html http://www.morefreeinformation.com/Art/6615/233/Successful-Consulting-Means-Understanding-Your-Client-s-Overall-Goals.html
Every management consulting project is driven by a business requirement Often, management consulting businesses are called upon to meet those business requirements by enhancing the productivity, management, delivery or performance of a company's information technology investment

Investing in the right IT solutions - and implementing them optimally - can enhance business performance, reduce costs, and create a more-productive work force for your client On the other hand, the failure of a high-cost project can make a company reluctant to pursue future technology investments, resulting in a performance gap between the company and its competitors

That's one reason why so many companies look to management consultants to oversee IT-related projects: They want to be sure they're getting the highest possible performance out of their investment

Getting IT Right

When you're involved in a management consulting project that involves IT, it's important to translate the client's business requirements into an approach that truly meets the business need and can help to fully utilize the client's IT assets

It's easy for a management consultant to sit in a meeting and listen to what the clients say they need their IT solution to do But what happens when what the client says and what you think they mean are different? When your approach to the problem misses the mark your client will find you at fault, leaving you wide open to a lawsuit

If your client claims that you didn't achieve the business results they were looking for, and if that claim results in a suit, you could be in for a lot of hassle and expense - especially if you don't have the right liability insurance for management consulting businesses Beyond avoiding lawsuits, it just makes good business sense to do the job right, so you can position yourself as a capable management expert with an IT edge

Good Project Management Equals Good Risk Management

So how does a management consultant translate a customer's business needs into an IT solution that solves the customer's business problem? The answer lies in solid project management Businesses with lax project management practices are much more likely to have professional liability claims than those with formal project management processes in place Well-established project management processes can significantly reduce your management consulting liability

According to project management expert Karl Wiegers, one of the critical first steps for anyone involved in management consulting or IT projects is defining a project's vision and scope For each project, it makes sense to clearly outline in writing:

- Business requirements All detailed requirements should be based on clear business needs Management consultants can gather business requirements from the client's senior management, an executive sponsor, a project visionary, product management, the marketing department, or any other stakeholder with a clear understanding of the need for the project and the value it will provide to the client company and its customers

- Vision of the solution A long-term vision for any new IT system or approach will provide context for decision-making throughout the project The vision statement should not include detailed functional requirements or project planning information

- Scope and limitations This is the place to define the proposed solution's concept and range, along with what will not be included in the project Clarifying the project's scope and limitations establishes realistic expectations for everyone involved, as well as a frame of reference that the team can use to evaluate proposed requirements changes

- Business context It's important to clarify and summarize any business issues related to the project, including profiles of major customer categories, assumptions that went into the project concept, and management's priorities

To reduce your own risk and make the project management process easier, it may be wise to follow an established project initiation and management process For a Project Vision and Scope Template you can use with your own projects, see the free downloads at the end of this article

10 Requirement Traps to Avoid

According to Wiegers, successful projects are built on a foundation of well-understood requirements Yet too often, management consultants and others involved in IT projects get caught in traps that prevent them from effectively collecting, documenting or managing project requirements

Several symptoms indicate that you might be getting caught in a "requirement trap":

- Confusion about what a requirement is
- Lack of customer involvement
- Vague or ambiguous requirements
- Unprioritized requirements
- Functionality that no one uses
- Analysis paralysis
- Scope creep
- Inadequate requirements change process
- Insufficient change impact analysis
- Inadequate requirements version control

Speak Your Customer's Language

As you develop your vision and scope document, be sure that you and your client are speaking the same language Using simple language and striving for clarity can help prevent misunderstandings

If your documentation is less than clear, the project team could be several months into the project before any misunderstandings become apparent, and when that happens, management consultants commonly see "scope creep " Suddenly, meeting the client's need is going to take more time and money than anyone anticipated At this point, you're facing a huge management consulting liability, as some customers will stop writing checks and talk to a lawyer

A careful and thorough approach to project management in the early stages of a project greatly reduces your risk By clearly documenting a project's vision and scope in writing, and fully clarifying project requirements, you can create a proposal that will meet the business need, contain costs, an reduce the risk that you'll end up fighting a lawsuit down the line

About the Author:
James Cochran is the founder of Business Insurance Now. For more than a decade, Jim has been helping consultants get the best management consulting liability insurance and general liability insurance available. Business Insurance Now’s network of carriers can get you the best quotes on management consulting business insurance.]]> http://www.morefreeinformation.com/Art/6615/233/Successful-Consulting-Means-Understanding-Your-Client-s-Overall-Goals.html http://www.morefreeinformation.com/Art/6378/32/Tips-on-Creating-Great-Software-Development-Contracts.html
Congratulations! You've been chosen to do a software development project, and you're almost ready to get started But before you jump in, you need both you and your client's signatures on a contract that clearly defines all aspects of the project

A good software development agreement governs the relationship between you - the custom software developer - and your client It also protects your intellectual property rights when you are hired to develop software and applications on behalf of a client, and sets the terms of use, price and payment for your work

Your contract will be a good document to fall back on if things don't go quite as planned Your software development agreement can clearly state that if your client should terminate the agreement, you have the right to collect payment for work performed to date It can also limit warranties and guarantees related to your work, and cap your total liability should anything go wrong

A good software development agreement will often also have wording that prevents your client from hiring your employees away from your firm

New Project, New Contract

You need a new contract every time you develop and implement new software and applications projects for a client A great starting point is to buy a high-quality software development contract template, and then customize it again and again with the specifics for each new project If you need a highly customized agreement, you can save a lot on attorney's fees by having a basic contract as a starting point

To save money over the long-term, many software developers invest in template software development agreements that come packaged with other handy legal documents These may include templates for custom software maintenance and support agreements, employment contracts, software customization agreements, and subcontractor/independent contractor agreements

Template software packages often include convenient contract examples and samples, and your software license ensures unlimited use of all components

What a Quality Software Development Contract Often Includes

To help you clearly define the scope of services you'll perform for your client, you probably want a software development contract that includes a statement of work template This portion of the contract will clearly define exactly what this project will involve, and establishes each party's rights and responsibilities under the agreement It can also cover the project background and scope, key tasks and milestones, deliverables, price and payment, organization and personnel requirements, expenses, and any supporting documentation

Your software development contract template may also cover term and termination, ownership of intellectual property, confidential information, warranty and disclaimer, limitation of liability and indemnification and relation of parties Other necessary clauses may include non-assignment, arbitration, attorneys' fees, severability, force majeure, and waiver and modification

Clear Expectations Make for Happy Customers

Using a contract to define expectations at the outset of a software development project protects your business and gives your client a clear picture of what will be involved in the work It also gives you a road map to follow if the project scope changes or any part of the project gets off-track

With your client's signature on a comprehensive contract, you have peace of mind that both you and your client have a legally binding agreement And with that protection in place, you're much more likely to end up with a satisfied client

About the Author:
Jim Cochran is the President of ContractEdge, a provider of contract template software. Jim’s experience in the IT industry allows him to create comprehensive contracts for software developers. ContractEdge has been providing legal agreements for IT contractors for over a decade.]]> http://www.morefreeinformation.com/Art/6378/32/Tips-on-Creating-Great-Software-Development-Contracts.html http://www.morefreeinformation.com/Art/6136/233/Why-Clients-Require-You-To-Carry-Insurance.html
If you're in engineering, you've probably encountered plenty of situations in which you're required to carry some level of insurance Maybe you run a small engineering consultancy with a few employees, or perhaps you're a solo professional engineer Either way, you might wonder why all that coverage is needed

You already know the deal: If the developer says you and your engineers need insurance, you have to get it in order to get the job However, in virtually all cases, getting the required insurance coverage can be both within your means and beneficial for your business

Commonly, clients require proof of some or all of the following three types of insurance from professional engineers:

General liability insurance

This type of liability insurance for engineers covers damage or injury to your client's people or property (excluding professional liability, of course) When it comes to this type of insurance, engineering consultants often ask: Do I really need this coverage? After all, what are the odds that someone making drawings in his own office will damage a client's property?

Don't take it personally The truth is, client companies often require every vendor who may come to their office or job site - from construction crews to delivery people to engineers - to show proof of general liability insurance Often, it's the corporate risk managers who make the call, requiring insurance for engineers and all other contractors because they want to reduce the company's liability risk

Thankfully, general liability insurance is affordable, and professional engineers with liability insurance can rest easy knowing that if one of their employees accidentally injures someone or damages something on a job site, it's covered Your landlord may also require you to carry general liability insurance if your engineering consultancy has its own office space

Professional liability insurance

In short, professional liability insurance is malpractice insurance for professional engineers It covers you for errors and omissions you or your engineering consultants make on the job There's a simple reason that clients require professional liability insurance for engineers: You're only human, and people do make mistakes

Your client's greatest risk in hiring you as an engineering consultant is that you might make a miscalculation or error that results in a lawsuit or other financial loss for your client Even though you may be just an independent professional engineer or head up a small firm, your client wants you to have enough financial backing to compensate the company for any potential losses

For example, suppose your engineering firm is hired to design a storm drainage system for a new shopping center Once construction is complete, the developer discovers erosion and subsequent damage to the parking areas, then files suit against you, claiming that your design was negligent Without professional liability insurance, engineers have to pay for their own legal defense as well as any settlement the court orders them to pay

Without professional liability insurance, engineers are fully liable for the exponentially increasing costs resulting from a claim of errors or omissions And that's a dangerous situation to be in, especially for a small firm

Workers' compensation insurance

For professional engineers, workers' compensation insurance can be particularly confusing Some states require that companies carry it, while others don't If your client has its headquarters in a state that requires workers' compensation insurance, there's a good chance that your engineering firm will be asked to carry it - even if it's not required in the state where you live or work

The reason: In some states, if you're hurt on the job, your client has to cover you with its own workers' compensation policy Additionally, in some states, your clients' insurance carriers will bill them for coverage for all subcontractors that don't provide their own certificate of coverage Both situations mean that your client pays more in premiums

If your engineering company has more than one employee, it makes sense to protect yourself and the people who work for you with workers' compensation coverage If you're an independent professional engineer and have your own health insurance, it may be redundant But ultimately, securing workers' compensation insurance can help you get the job - and if you don't get the required coverage, someone else will

About the Author:
Jim Cochran is the founder of Business Insurance Now, a company specializing in providing liability insurance for engineers. Jim has been providing professional liability insurance quotes for over a decade and his network of carriers ensures that you will get the best rate on your small business insurance needs.]]> http://www.morefreeinformation.com/Art/6136/233/Why-Clients-Require-You-To-Carry-Insurance.html http://www.morefreeinformation.com/Art/6121/233/Management-Consultant-Insurance-and-Liability-Protection.html
If you're in the management consulting business, you probably have clients that require you to carry some level of insurance Maybe you run a small firm with a few employees, or maybe you're an independent freelancer Either way, you might wonder if you'll ever actually use all that coverage

If your client says it's necessary, you will need to obtain professional liability insurance if you want to secure the job The good news is that getting the required insurance coverage can be both affordable and good for your business

Typically, companies want their management consultants to carry some or all of the following three types of coverage:

General liability insurance

General liability insurance covers businesses in the event of an on-site injury or damage to company property Management consultants often wonder whether they really need this type of coverage After all, what's the likelihood that someone giving a presentation or attending a meeting will damage a client's property or hurt anyone? Is there really a risk of liability for management consultants?

The fact is, client companies often require all of their vendors who may come on-site - from electricians to delivery personnel to management consultants - to prove they carry general liability insurance In some cases, the mandate comes from the client's investors, who seek to reduce the company's risk of financial losses from lawsuits And of course, accidents do happen, so there is as much risk of liability for management consultants as for any other office visitor

If you have your own management consulting office, general liability insurance will protect you in the event of an accident or injury on the premises If a client visits your office on a rainy day and slips and falls in the entryway, your general liability insurance will cover any related medical or legal costs - and possibly save your client relationship And that's one invaluable reason why insurance for management consultants is good for your business

Professional liability insurance

Professional liability insurance, also known as errors and omissions or E&O insurance, is essentially malpractice insurance for management consultants It covers you for errors and omissions that you or your employees make on the job There's a simple reason that clients require E&O insurance for management consultants: They know that people make mistakes

Your client's greatest risk in bringing you in as a management consultant is liability -- the fact that your mistakes could spark a lawsuit or financial loss For example, let's say you have revamped a company's budgeting process, but made a critical miscalculation in the new system that results in big problems when the budget is reconciled with actual expenses later in the year Your client can claim that any resulting financial loss is due to a management consultant error or omission, and will expect you to compensate the company

Having professional liability or E&O insurance for management consultants is a good idea Without it, you could end up paying exorbitant legal defense costs if your client makes a claim against you A misunderstanding is often all it takes to be served with a lawsuit Once a client alleges that you were negligent and communication breaks down, your legal expenses start to grow E&O insurance gives you peace of mind that should things go wrong, you're covered

Workers' compensation insurance

Some states require workers' compensation insurance, while others do not If your client is based in a state that requires it, your management consulting firm will likely be asked to carry it, even if your own home state does not require it

That's because, in some states, if you're injured while on the job, your client must cover you with its own workers' compensation policy Also, in some states, your client's insurance carrier will require the client to cover all contractors that don't have their own proof of coverage Both scenarios increase your clients' premiums, so they often require workers' comp insurance of management consultants as well as other contractors

Workers' compensation insurance covers medical expenses as well as disability and compensation in the event of on-the-job injuries If you're a solo practitioner with your own health insurance, workers' compensation insurance may not be necessary - but your client may still require it if you want to get the work

If your management consulting business has employees, protecting them with workers' compensation insurance just makes good business sense From carpal tunnel syndrome to a slippery bathroom floor, even the smallest on-the-job hazards could result in an injury that could take them off the job Workers' compensation insurance ensures that your employees are taken care of and saves your company from paying for their ongoing care

In business for over a decade, James Cochran, founder of Business Insurance Now, an insurance company specializing in professional liability insurance, knows the implications and responsibilities of business ownership inside and out. Business Insurance Now offers comprehensive business coverage, including management consultant insurance and more.]]> http://www.morefreeinformation.com/Art/6121/233/Management-Consultant-Insurance-and-Liability-Protection.html http://www.morefreeinformation.com/Art/6120/24/What-Makes-a-Good-Network-Services-Agreement.html
Your client has agreed to hire you for a managed network services project, and you're ready to start ordering the necessary equipment and software and developing your implementation plan But before you do, there's one very important detail you need to take care of first: securing your client's signature on a network consulting services agreement

A contract for network consulting services governs the relationship between you and your client, clearly defining expectations on both sides so that there are no surprises down the line Every time your company provides managed network services involving design, installation or maintenance, you need the protection of a solid contract

You could hire your own lawyer to write one up, but a more affordable approach is to use an existing template contract for network service providers Using a template guides you through defining the scope of services that you will perform on an ongoing basis for your client, and helps ensure that you've addressed the most common variables inherent in the project

The idea is to clearly establish the rights and responsibilities of each party over the term of the agreement, reducing the possibility of any misunderstandings that could arise from a lack of communication

What should your networking consulting services agreement include? First, it should establish clear communication and client expectations by providing a clearly defined scope of work A scope of work may include initial project setup, general maintenance and repair, hardware and software installation and troubleshooting, needs assessment, systems integration, network security, data backup and recovery, rapid-response service, and 24-hour emergency service

As a provider of network services, you know you'll do what you're asked to do - but you want to be sure your clients do exactly what's expected of them as well A network consulting services contract, or customized contract template, typically includes specific things that the client must do or provide in order for you to complete the job For example, you may need a key-card to gain access to the facility at specific hours, or you may need the client to pay for the required hardware or software by a specific date

It's also common to outline in your network service provider agreement all expenses that the client is responsible for and to provide any supporting documentation related to the job

Your managed network services agreement might also include a disclaimer that you cannot guarantee the stability, safety and security of the network, and state that you are not liable to the client for loss of profit, revenue or data A contract might also have clauses to protect any confidential information you share with the client and to prohibit the client from hiring away your employees

Having a legally sound network consulting services contract, signed by both parties, can protect you from financial and material losses It also establishes price and payment terms, sets a clearly defined term for the agreement, and describes the process that either party must take to terminate the contract

A network service provider agreement ensures clear communication with your client and gives you something to fall back on if things should get off track By setting clear expectations at the outset of a project, you're much more likely to end up with a satisfied customer and repeat business

About the Author:
James Cochran is the founder of ContractEdge.com, a website specializing in consulting contracts. He has template software for network consulting service agreements, non disclosure agreements and more, perfect for independent contractors and consultants.]]> http://www.morefreeinformation.com/Art/6120/24/What-Makes-a-Good-Network-Services-Agreement.html http://www.morefreeinformation.com/Art/2766/79/Do-I-Need-Managed-Web-Hosting-or-Shared-Web-Hosting.html
Deciding whether to select a managed Web host or a shared Web host depends on the level of security required by your company and how much traffic your site generates While shared hosting is the most common type of hosting available, and ideal for most Web site needs, managed Web hosts are more suitable for accommodating sites with high traffic or those that contain sensitive information, and security is a concern

When shared Web hosts are sufficient

Shared Web hosting refers to multiple Web sites sharing space on a single server This option is typically the best solution for smaller Web sites that do not have excessive traffic Paying for a dedicated server with managed hosting can become costly and is unnecessary for small sites

When you opt for shared hosting, you purchase a package from a Web hosting company that includes a certain amount of space and bandwidth on the company's server Web host servers are large and powerful, and have sufficient room and bandwidth capacity to host multiple Web sites This option is cost effective, yet still allows the Web site owner access to a powerful server Typically, shared hosting agreements grant a sufficient amount of bandwidth and space to fulfill your Web needs; running out of space shouldn't be a concern unless you experience extreme spikes in traffic to the site

Should your Web site generate significant traffic, and grow faster than expected, it may outgrow your current hosting agreement In some cases, hosting companies will allow you to negotiate additional space and bandwidth capacity to accommodate the extra traffic If the company doesn't, the option to purchase a higher level of hosting is always available Depending on the level of traffic, it may be time to consider moving up to a dedicated server with a managed host

When to opt for a managed Web host

High-trafficked Web sites, along with those that contain highly sensitive or confidential information, are typically better suited on managed Web hosts Dedicated Web hosts, allocate one server specifically for your site In other words, your site will not share a server with any other sites

Typically, companies who have the need for a dedicated Web host will often opt for a managed Web hosting solution rather than trying to manage it themselves Management and administration of dedicated hosts can become time consuming, and it holds the owner of the site accountable for maintaining all aspects of the Web hosting server, which may also include security issues

Before deciding which type of hosting to use, take the time to evaluate your needs You may also want to explore options that include using shared Web hosting prior to committing to a managed or dedicated Web host, as it may prove to be sufficient and will save you money

When to use a Web hosting agreement

If you find yourself on the other side of the fence - meaning you provide Web site hosting services to a client - you will need to utilize a Web hosting agreement to effectively manage the relationship between you and the client

You can often save a tremendous amount of time and money by utilizing Web hosting agreement samples and templates These templates will help ensure that you include all of the appropriate provisions, as well as give a solid foundation that will enable you to clearly define your policies and procedures

You should be able to purchase a suite with templates related to Web hosting agreements This might include a service level agreement template and a Web hosting acceptable-use template

Whether you are purchasing Web hosting or supplying it, it's important to pay close attention to the Web hosting agreement For users, you will learn what you can and can't do on your site, and what you might be entitled to For providers, these agreements will protect you from liabilities associated with the hosting of third-party Web sites on your servers To better understand what these agreements should include, check online for Web hosting agreement samples

About the Author:
James Cochran is the founder and CEO of Contract Edge. His company caters to independent contractors in the IT industry and offers online contract templates covering all their legal needs. Written by expert IT lawyers, Contract Edge offers legal templates for everything from web hosting agreements to consulting contracts.]]> http://www.morefreeinformation.com/Art/2766/79/Do-I-Need-Managed-Web-Hosting-or-Shared-Web-Hosting.html http://www.morefreeinformation.com/Art/2568/79/How-To-Find-an-IT-Consulting-Company.html
Whether you need a major Web site overhaul, customized software or networking solutions, finding the right IT consulting company to handle your needs is key to producing the desired results and ultimately positively impacting your bottom line

Finding a professional that delivers what they promise can sometimes feel like finding a needle in a haystack If you are considering hiring an IT consulting company, conducting some background research can save you time and money in the long run

First, it is a good idea to ask the consultant for multiple references and then be sure to call the references and follow up on them Ask the references about the results they experienced and if the consultant was easy to work with Also find out if they experienced any problems in dealing with the individual If they have, ask for specific examples

In many circumstances, it's typically safer to work with someone that you sought out as opposed to someone that cold called you While there are reputable consultants that engage in marketing and cold calling, most good consultants are typically too busy with referral business to cold call for new business

Take the time to learn exactly what services the IT consultant is offering to you prior to seriously considering hiring them Review proposals and contracts or agreements carefully, and be sure they spell out what services are included

Any reputable IT consulting company will either have a consulting services agreement on hand or should not object to signing the contract you produce, once it is reviewed and agreed upon IT consulting contracts are essential prior to entering into any type of business relationship with the company This agreement will define the terms of the relationship between you and the consultant

What it protects

IT consulting contracts and other consulting agreement contracts or statements of work, specifically define the terms of the working agreement and specify the work the contractor is to perform for your company The contractor's responsibilities to you are clearly outlined and payment terms are determined Below are common provisions that are essential components of the contract as well as a general outline for what a statement of work should look like

Agreement provisions:

* Scope of Services
* Price and Payment Terms
* Term and Termination
* Ownership of Intellectual Property
* Confidential Information
* Warranty and Disclaimer
* Limitation of Remedies
* Limitation of Liability
* Relation of Parties
* Employee Solicitation/Hiring
* Miscellaneous Provisions

General outline for statements of work:

* Preamble
* Project Background
* Scope
* Key Tasks and Milestones
* Project Deliverables
* Time and Cost Estimates
* Price and Payment
a Invoices
b Payment
* Project Organization and Personnel Requirements
* Supporting Documentation
* Expenses

Before hiring an IT consultant to provide services to one of the vital components of your business - your computer or your network - be sure to verify their credibility and have a solid contract in place E-mails, oral agreements and other informal agreements will not provide you protection should the service not be delivered as promised

James Cochran is the founder and CEO of Contract Edge. His company caters to independent contractors in the IT industry and offers online contract templates covering all their legal needs. Written by expert IT lawyers, Contract Edge offers legal templates for everything from non-disclosure agreements to employment agreements.]]> http://www.morefreeinformation.com/Art/2568/79/How-To-Find-an-IT-Consulting-Company.html http://www.morefreeinformation.com/Art/2446/79/Improperly-Utilized-Statements-of-Work-in-IT-Contracts.html
As an independent IT consultant you've just landed another client You've taken the time to get the proper insurance and had the client review and sign your contract But does the contract contain enough detailed information within the statement of work? A statement of work should clearly define the scope of the business relationship and the rights and responsibilities you have while providing your services Often, too few details can result in a contract going sour

For example, a web designer was hired to create an online management system for a client so they could keep track of each of their accounts and the status of their projects A Web design statement of work was drafted to outline what the management system would include and how much it would cost The web designer delivered the completed system several months later However, after the client had requested enhancements, the original delivery date was missed The client not only refused to pay for the additional time involved in developing the enhancements, but requested a discount because the deadline was missed The web designer was at a real disadvantage because there was no statement of work to refer to and there were no provisions to account for a mid-project change of scope The client ultimately paid the bill, but the business relationship was severely damaged

In another example, an IT consultant was hired by an auto repair shop to create an application The IT consultant included the cost of his services in the statement of work, but he ended up spending more time than anticipated He sent an invoice to the auto repair shop reflecting the extra billed time The auto shop refused to pay In this case, the IT consultant was not entitled to the additional payment because he failed to note in the statement of work that any overtime would be billed accordingly

In both cases these issues could have been avoided had the contracts included more clearly defined statements of work In today's dynamic business climate, it is increasingly important to include as much detail as possible in contracts Independent consultants and individuals should refer to sample statements of work to gain a better understanding of the level of description that should go into it There are also statement of work templates business owners can utilize These will save time and money, and ensure all of the essential components are included

Below is a sample statement of work that outlines what should typically be included Specific statement of work templates, however, are available online for specific fields

* Scope of Work - Describes the work to be done in detail and specifies the hardware and software involved and the exact nature of the work to be done
* Location of Work - Details where the work is to be performed
* Period of Performance - Specifies the allowable time for projects, such as start and finish times, number of hours that can be billed per week or month, where work is to be performed and other scheduling-related issues
* Deliverables Schedule - Lists the specific deliverables, describing what is due and when
* Applicable Standards - Describes any industry specific standards that need to be adhered to in fulfilling the contract
* Acceptance Criteria - Specifies how the client will determine if the product or service is acceptable and the criteria that will be used to state the work is acceptable

About the Author:
James Cochran, founder of Contract Edge, an online provider of templates for employment contracts and web service agreements, is an expert in legal and technical matters. In business for over a decade, his well written legal forms are developed by leading IT lawyers and cover everything from nondisclosure agreements to web hosting agreements.]]> http://www.morefreeinformation.com/Art/2446/79/Improperly-Utilized-Statements-of-Work-in-IT-Contracts.html http://www.morefreeinformation.com/Art/2384/79/When-Do-You-Need-a-Non-Disclosure-Agreement.html
You've been diligent about locking away your most sensitive documents in the filing cabinet each night, and encrypting all of your electronic files with passwords, but what about the information that is shared among employees on a daily basis?

Do you have a non-disclosure agreement in place? When do you need one? A non-disclosure agreement governs the relationship between you and any existing or potential business associates or employees It is typically recommended that this type of agreement is used prior to entering into any negotiations, interviews or other situations in which confidential information or materials are exchanged

The safeguards of a non-disclosure agreement

A non-disclosure agreement clearly defines conditions, between you and a business associate, for exchanging and using confidential information and materials It also requires that parties involved keep sensitive information confidential, outlines resolutions for agreement violations, and calls for arbitration in the event a dispute regarding violations arises

The non-disclosure agreement is essential for keeping information protected, and should be implemented anytime confidentiality is imperative These agreements are most suitable in situations in which information sharing between two parties is necessary, but it needs to be kept confidential from the general public The number of scenarios in which a non-disclosure agreement can serve as a vital tool, varies widely One instance is when network solutions or software is provided, or intellectual property is shared In this case there are specific non-disclosure contracts for IT consultants For those working in the information technology field, these agreements are necessary for nearly any business relationship

What should the agreement contain?

Generally, most non-disclosure agreements should include information about the parties involved, any clauses that might be incorporated, and what information should be kept confidential If either party should break the agreement, legal actions can be taken The purpose of the non-disclosure agreement, though, should be to avoid litigation If both parties follow the non-disclosure agreement, things will run smoothly and the agreement will serve its purpose Agreements, and provisions within the agreements, will vary based on the industry, the persons involved and the information that is to remain confidential Non-disclosure contracts for IT consultants can differ significantly from agreements written for financial institutions Some provisions might include:

* Confidential Material
* Use and Treatment of Confidential Material
* Return of Confidential Material
* Remedies
* Employee Solicitation and/or Hiring
* Arbitration and Attorneys' Fees
* Severability
* Waiver and Modification

To better understand what agreements should contain, review non-disclosure agreement samples This will help you determine what you might need to include in your contract

Before sharing information contained within unpublished patent applications, financial statements, or business strategies, you should be sure a non-disclosure agreement has been agreed upon and signed by all parties involved This will provide legal safeguard on all confidential information and prevent others from stealing information To ensure all of the vital components are included within the agreement, review as many non-disclosure agreement samples as you can, and utilize a non-disclosure agreement template produced by a credible company, then have a professional attorney review all of your documents Taking these steps can save you time and protect you from potentially costly litigations

Look online for resources

For many entrepreneurs new to navigating the world of small business ownership, paying for an attorney may be out of the question Online resources are a cost effective and useful way to obtain knowledge on non-disclosure agreements You can also utilize non-disclosure agreement templates to get your contract in place and be sure it meets industry standards

About the Author:
James Cochran, founder of Contract Edge, an online provider of templates for employment contracts and web service agreements, is an expert in legal and technical matters. In business for over a decade, his well written contract forms are developed by leading IT lawyers and cover everything from non disclosure agreements to web hosting agreements.]]> http://www.morefreeinformation.com/Art/2384/79/When-Do-You-Need-a-Non-Disclosure-Agreement.html http://www.morefreeinformation.com/Art/2364/24/What-Makes-an-Independent-Contractor-an-Independent-Contractor-and-Not-an-Employee.html
How do you differentiate between an employee and an independent contractor? It's a seemingly obvious answer, but in some cases the separation can become difficult The classification can significantly change the type of contract between the two parties, as well as the tax structure, the type of insurance required and the benefits the worker may be entitled to

For employers, taxes and insurance are easier and more cost effective when hiring an independent contractor over an employee However, if you are going to be a major contributor to the business, employee status offers greater benefits than working as an independent contractor

What is an independent contractor?
An independent contractor is classified as an individual who is self-employed and utilizes an independent contract agreement to provide services to a client in exchange for an agreed upon fee, which may include some form of commission The independent contractor is also responsible for end product or delivery of service, but the employer has no oversight on how the project is completed

Since the independent contractor invoices the client separately rather than being placed on the employer's payroll, it's important to note that federal, state, and local taxes are not withheld from the payment, making the contractor responsible for staying current on all tax obligations As a contractor, you should receive an independent contractor form, or a form 1099 from the client, which will report any earned income during the tax year to the federal government

What classifies an employee?

An employee is an individual who is on the employer's payroll and is paid either by salary, commission, or a combination of base pay and commission Federal, state, and local taxes are withheld from all earned income, and income is reported to the IRS by the employer on the form W-2 The employer also defines the employee's work methods and employee's are often subject to performance evaluations

Businesses are typically very careful to clearly define the differences between independent contractors and employees Similarly, for federal income tax purposes, the federal government has implemented common law principles that define the relationships between independent contractors and businesses It's also important to know how the courts in your area make this differentiation, as they vary by jurisdiction

A good rule of thumb to follow is if the employer maintains the rights only to direct the end result of the work, and not the methods for obtaining it, then the worker is likely considered an independent contractor While there are certain elements that apply to both employee and independent contractor, it is important to take a holistic approach when analyzing the business relationship rather than focusing on one or two elements

There are, however, a few factors that would typically lead courts to classify a worker as an independent contractor, including:

* You are not required to follow specific methods or instructions for completing your work
* You can hire assistants to complete your job
* You provide services or products to several other businesses
* Your services or products are available to the general public
* You have a written contract between you and the employer outlining each of your rights and responsibilities
* The business relationship is often short term
* You are not paid in a traditional manner, such as bi-weekly There are, however, exceptions to this rule and other factors will have to be weighted
* You are making investments into facilities or equipment to complete your tasks and have exposure to profit or risk of loss
* You sign an independent contractor agreement or receive an independent contractor form for tax reporting However, if the employer does not supply this form, be sure to have a 1099 contract template on hand

Courts also use a set of standards when determining the status of an employee, these typically include:

* You are required to follow specific methods or instructions for completing your work
* You are required to work a set amount of hours and days each week
* Your employer supplies the office, equipment, and tools needed to complete your work
* You receive performance training from the employer for completing assignments
* The work assigned to you is part of everyday business of the organization
* The business relationship is long term
* The employer often assigns additional projects
* You are paid in a traditional manner, such as bi-weekly There are, however, exceptions to this rule and other factors will have to be weighted
* You or your employer has the ability to terminate the business relationship

These are a few fundamental differences between employees and independent contractor, but if there is ever a question you should consult your local government or a professional If you are working as an independent contractor, keep in mind you are responsible for tax reporting and payment, if an employer doesn't supply a 1099 form, you should have one on hand These are easy to acquire from businesses that specialize in creating 1099 contract templates

James Cochran, founder of Contract Edge, an online provider of templates for employment agreements and web service agreements, is an expert in legal and technical matters. In business for over a decade, his well written independent contractor agreements are developed by leading IT lawyers and cover everything from non-disclosure agreements to web hosting agreements.]]> http://www.morefreeinformation.com/Art/2364/24/What-Makes-an-Independent-Contractor-an-Independent-Contractor-and-Not-an-Employee.html http://www.morefreeinformation.com/Art/2243/79/Before-Hiring-Tech-Support-Check-the-Fine-Print-on-the-Computer-Service-Contract.html
Today, the hub of the small business and home-based entrepreneur is the computer system and network For many users and business owners computers are the lifelines of the company, but what if they suddenly crashed? Will your computer service contract cover faulty work, loss of data, or future problems?

Before signing a contract and allowing an IT contractor to perform work on your system or network, it is essential to read the fine print Often times, unprofessional businesses may offer very little in the way of a warranty Contracts will alert you to those contractors who may not carry the credentials necessary to ensure your future success, and will also alert you to low-quality technical work It is important to only work with companies who offer reputable computer support services

Be aware of poorly written computer service contracts

Purchasing computer service contracts can prove to be one of the most important investments you can make in the future of your work It's equally important however, to find a contractor with substantive training and a solid service contract; otherwise you may be subject to major problems down the road Avoid this risk by hiring only those professionals who are willing to abide by your contract and take the time to understand what is covered in the contract

One way to familiarize yourself with these contracts and know what to look for is by previewing samples of computer maintenance agreements which can be found online from companies that produce contract templates There are several agreement samples available including, computer service network contracts, network service level agreements and subcontractor agreement forms No matter which agreement best suits your needs, be sure the company has a reputable track record and that the agreements state who is at fault should future problems arise, the timeframes for coverage and how much liability is covered

When to look for service guarantees

Any time you hire someone to provide computer consulting or technical support, it is essential to request and closely review the computer service contract Again, researching service contract templates will prepare you for reviewing contracts A few of the most common agreements include:

* Consulting Services Agreements - This identifies the work to be performed, and defines the terms and price and payment
* Network Installation and Maintenance Agreement - Details the guarantees and expectations for the stability, safety and security of networks, and liabilities
* Subcontractor/Independent Contractor Agreement - Ensures subcontracts and independent contractors perform to the specifications outlined in the contract It also details the scope of work, price and necessary solutions should the work not meet your standards

Before signing a contract, protect yourself by taking the time to get the facts Within the fine print of the computer service contract you want to look for clear and concise language that details the terms of service, coverage timeframes and liability coverage The contract is your key to knowing exactly what you are paying for and who you are working with

About the Author: James Cochran, is the founder of Contract Edge, a provider of contract template software for independent contractors. James is an expert when it comes to the ins and outs of independent contractor agreements, employment contracts for small businesses and all other types of computer service contracts.]]> http://www.morefreeinformation.com/Art/2243/79/Before-Hiring-Tech-Support-Check-the-Fine-Print-on-the-Computer-Service-Contract.html http://www.morefreeinformation.com/Art/2214/79/ASP-Agreement-Components-Inclusions.html
For Application Service Providers - anyone who provides clients access to licensed software and application services - implementing a system of checks and balances, risk management procedures and quality control is invaluable Typically a solid Application Service Provider (ASP) Agreement will fulfill these needs

An Application Service Provider Agreement manages the relationship between an ASP and the licensed user In other words, it sets limits and expectations on the use of your software and applications server It also controls who has access to the software or servers as well as where and when they can be accessed

An ASP Agreement will also prevent modification or reverse engineering of the software and determine server storage space available for each client, which limits exposure to infringement on intellectual property rights and confidentiality Most importantly, these agreements reduce the ASP's liability for deficiencies and defects in the software or on the server

ASP Agreements are not only necessary for large-volume ASPs; they also cover service providers who offer single applications to their clients ASP businesses that would benefit from the agreements include:

* Specialist or functional ASP - provides a single application, such as credit card payment processing or timesheet services

* Vertical market ASP - provides a solution package for a specific customer, such as a doctor's office

* Enterprise ASP - offers a wide variety of solutions

* Local ASP - offers small-business services in a particular area

* Volume ASP - delivers cost effective package solutions through its own Web site

An important component of an ASP is the Service Level Agreement (SLA) This formally negotiated agreement between two parties is part of the service contract in which the level of service is formally defined This agreement might include delivery time of the service or performance It clearly defines and documents the common understanding of services, responsibilities and guarantees, while typically covering issues such as serviceability, performance and operation, just to name a few

Service providers can purchase packages that include a variety of templates, including a software license template Software license Agreements set the terms and conditions for the end users of your software and includes disclaimers, limitations of liability, and confidentiality agreements, among other safeguards

When searching for packages, most companies will provide ASP Agreement samples for viewing Be sure the software license template and the ASP Agreement sample includes the following sections:

* Grant of License
* Use and Access
* Price and Payment
* Technical Support
* Terms and Termination
* Ownership of Intellectual Property
* Confidentiality
* Warranty and Disclaimer
* Limitation of Liability, Indemnification
* Relations of Parties
* Non-assignment
* Arbitration
* Attorney's Fees
* Severability
* Force Majeure
* Waiver and Modification
* Entire Agreement

ASP agreements will safeguard your company from any future claims of damages, and reduce your exposure and liabilities Many companies have made it easy to implement the agreements by providing packages specifically designed for the service providers needs Be sure to preview the ASP Agreement samples to ensure it covers the needs of your business

About the Author:
James Cochran, is the founder of Contract Edge, a provider of contract template software for independent contractors. James is an expert when it comes to the ins and outs of ASP agreements, employment contracts for small businesses and all other types of web service agreements.]]> http://www.morefreeinformation.com/Art/2214/79/ASP-Agreement-Components-Inclusions.html